We work hard on our prospecting, listing and sales presentations but how much time do we invest on our discovery and negotiating skills. Just ask a few questions and sometimes the clients or their agents can’t wait to tell everything they know about their motivation. On competing offers it’s always much easier to win when you have the other agent(s) just fax or email in their offers and you are sitting there at their kitchen table building rappore for your clients offer with the sellers and the listing agent and plead on behalf of my buyers . On hot properties with multiple offers, I always had my buyers out in the car or in the conference room so we could deal with a counter on the spot and end the negotiating. Of course with laptops, ipads and our technology we are using Skype, sign my pad and esignatures to get the job done on the spot.
Ok I am going back a lot of years with this story but honestly folks, outside of technology, the people side of the business has not changed. To be a powerful negotiator it pays to be observant when listing, pricing, showing, writing offers and getting them to closing.
One instance in particular stands out. It was a cute, under priced property listed for a quick sale. As I set the appointment to present my offer, I knew I had the “silver bullet” included in my offer and my negotiations that I was sure the other agent(s) had never even thought of asking her buyer the same question!
The owner was an elderly lady moving into a care center. Residing with her were two calico cats. The mama and the daughter kitty had been her life. In touring her home, it was apparent how she felt. The kitchen and the bedroom had food and water bowls and there were cat beds and toys throughout the home. While my buyer, a young man who had just turned 21 and buying his first house, looked around I casually asked her “what is happening with the cats? Are you taking them?” Tears welled up and she said they couldn’t go with her and she didn’t know what she was going to do. They had grown up in the house and it was the only home they had ever known.
Well when my buyer and I sat down to write the offer I asked him how he felt about cats? Good news, he wasn’t allergic and liked cats fine. We wrote into the offer that the cats would remain with him when he bought the house. Then he wrote her a nice note about how thrilled he was to be moving into a home that already had a “ready-made family” and if she needed to move before closing, he would come over every day after work and feed the cats until he could move in.
There were 3 offers and mine was price wise in the middle but guess who’s offer was accepted. We spend so much time talking about price that sometimes we overlook the fact that ‘terms’ can seal the deal.
Granted you aren’t often going to get this kind of slam dunk opportunity so it’s important you work on your skills. I often tell my agents that anytime I can meet face to face I increase my ability to win for my client by at least 80%. A fax machine cannot out negotiate a good agent. Here are some thoughts on being a good negotiator.
Don’t leave the ball in your court unreturned. In other words try always to get your client to counter back. Even if it’s full price – no concessions. If that is your client’s wishes, convey them in writing in a counter to the other side.
Who has ever heard “This is our best offer” or “This is our bottom line,” and then they continued to negotiate? No one knows what their best offer or bottom line is until they’ve either signed an agreement, or rejected one. When the other agent presents a counter-offer to you and tells you “this is the best we can do,” that is fine. It’s either an accept or counter situation. More often than not, the negotiation will continue beyond the previously stated “best” or “bottom.”
When negotiations get hot and heavy and deadlines allow withdraw. Dead silence from your side. Don’t tell the other agent you’re “thinking about it” or going to “sleep on it,” just stop all communication until the next day. Very unsettling to the other side, and keeps your client from getting carried away by the emotion of the negotiation. This tactic also helps your client from feeling they were pressured. Slow it up and think it out, then make your next move.
My personal opinion was to never asked a buyer or seller for their bottom line or highest-and-best. I learned when you force them to commit to a figure and they might be uncomfortable down the road if they’re willing to go higher or lower. A side benefit to this strategy is that you won’t be accused of spilling the beans to the other side if, by chance, the offer or counter comes in at the exact figure they shared with you. If a buyer or seller tells you what their highest-and-best or bottom line is, act as if you didn’t hear them.
What I did always ask when price was being negotiated was “how will you feel if you offer this price and you don’t get the house?” or to a seller “How will you feel if you counter the buyer with this price and they walk away?” Asking that question usually opened up some more dialogue and more times than not, the buyer or seller rethought their counter and made an adjustment. I always ended the negotiations with a summary of our offer and the “how will you feel if” question.
Quit verbalizing your offers and refuse to play that game. Get everything in writing – no oral negotiating. When agreements are reached over the phone or even in emails, something always comes up when it’s time to put the agreement on paper, creating unnecessary drama. It’s easy enough today to just “write it up,” and keeps everyone on the same page, so to speak. I don’t care what they ‘say’ they will do, put it on paper so I can agree, counter or reject.
When negotiating always remember whom you represent. If you aren’t writing the mortgage checks then don’t say “I won’t allow my seller to do this or that.” Same goes for buyers. If you aren’t taking title, you are only the messenger and advisor, not the decision maker. I absolutely cringe when I hear agents say “Well I would never!” What you should be saying is my experience has not been great with contingent offers but put in writing, the seller is happy to see what your buyer have to offer and we will go from there. You know maybe you wouldn’t want a contingent offer but maybe your client would! Every transaction, every seller, every buyer, every agent, every loan officer, every title company are all different. Keeping this in mind, helps you be a stronger negotiator and not make an idiot out of yourself with your own client or the other agents!
Here are some other tips to consider:
- Make the offer price/counter price “attractive” to the other side by rounding up or down such as $279,900 versus $280,000 or by offering a home warranty or some other value added terms, like a longer or shorter closing date, a few extra days to from closing to possession at no cost, a few $ toward the buyers closing costs.
- When countering, use positive statements when possible – It sounds silly but instead of saying “seller will not spray for termites” say “Buyer to pay for termite remedy at their election.”
- Realize that your client can say no – and that the other side sometimes fully expects them to. Again, counter the ‘no’ with an option though.
- Set expectations with your clients before you get to the offer stage (e.g. market conditions, communication, etc.) When you first meet a client, it’s going to be to your advantage and theirs to thoroughly discuss how you work and what your expectations of them are and what they can and CAN’T expect from you. The Quality Service Guarantee is a perfect way to end the meeting.
- Never get between the question and the answer. Self explanatory I hope.
- Negotiate delayed possession for staged and owner-occupied properties, in case the loan falls apart at the last minute or the seller needs some time to get their money in hand, get moved and GET the property cleaned properly. You can’t expect a seller to have no money and be stressed over when it is going to come, moving their stuff out the back door while the buyer is moving in the front door (so to speak) and expect the house to be clean, nail holes filled and all perfect for the new buyer. As part of the negotiations give the seller 2 days after recording to move and get the house clean..and spell those expectations out to them as you present the offer. Of course if the house is vacant or the seller is already moving, no worries but do write into the offer the buyer reserves the right to do a walk through after signing and prior to recording to make sure everything is the way it’s supposed to be. If the seller is remaining more than 2 days after close, use the seller to remain in possession form and use a holdback, even if it’s only $1,000 or so.
- Win-win isn’t always possible but you can try to give the other side (other agent even) an opportunity to save face when negotiating. If the other agents screws up on the sales agreement, write a counter offer fixing it. I remember when one of my new agents turned in one of the first offers they had written.. a rejected offer that the listing agent had used a black felt pen to write in bold letters rejected across the offer. That was uncalled for. Several years later my agent, now seasoned and doing quite well remarked how they never forgot how that agent made them feel and they avoided showing their listings ever since. Even if there is no way the deal will get done, there is always another day and another house or client and you might just be sitting at the same table again. Don’t be the agent from hell that has temper tantrums, is rude or is so controlling that no one wants to work with you. It’s a small world we live in.
When working with buyers it’s always powerful to have your loan officer or theirs present at part of our initial sit down meeting. While they are going over financing you can be running potential properties to look at and getting your buyers packet ready to give them. The lender can summarize for you what the buyers qualifications are and you all can discuss any concerns with appraisals or financing. I never, and I repeat never had a transaction with a buyer and their lender that I hadn’t met their loan officer face to face prior to writing the offer. If they weren’t using my preferred lender, then my goal was to form a bond with their lender. After meeting them and talking expectations from their point and from mine, I always had a good working relationship with them. I can also tell you as a result of my professionalism they often sent me referrals as well. Only once did I have to go sit in a lender’s lobby because he wasn’t returning my calls.
Have a fun, safe and prosperous Labor Day weekend and will see everyone at our next sales meeting on September 13 when Terri Wilson will lead a discussion on red flags and what to be aware of when selling property with self contained sewage systems, wells, bare land, acreages, farms and ranches.
Also on September 14th at 10:30-noon at Standard TV & Appliance you are invited to hear from a panel of Six of your peers on “LISTED TO SOLD – HOW TO SELL THOSE LISTINGS YOUR WORK SO HARD TO GET!” & MC Kim Dittler.
RSVP to reserve your seat: broach@prunw.com or kim@kimdittlerrealestate.com
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